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Firearms Law

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paddyk | 13:21 Mon 17th Jun 2024 | Law
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Hope one of the legal eagles on here can help ? Our next door neighbour is hiring a pest control company to shoot the feral pigeons in their back garden.  Although we are opposed to such cruel practices, we realise there is little we can do. However, I believe that there are strict controls on this, one of which stipulates that the pellets should not leave the boundaries of the property which has hired them. I did have the specific piece of law relating to this, but can't find it now. T.I.A

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Maybe it left the boundaries, Dave.

I removed it because it didn't answer the legal question asked.

I shall also be removing your other answer.

Please don't clog this section up with opinion.

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"Section 21A: it is an offence for a person to have with them an air weapon on any premises and to use it to fire a missile beyond those premises, subject to them showing that they had consent of the occupier of any premises into or across which the missile was fired."

The Firearms Act 1968

 

 

I thought it was an offence to shoot any wild bird unless you had a special licence to do so. 

General Licence GL42 authorises anyone to shoot feral pigeons on private land as long as they follow the specified rules and conditions.

You don't need to apply for the licence to shoot under the rules.

The conditions include that the reason for shooting must be to protect crops or livestock feed (must be able to show financial loss)and I believe to protect public health.

 

barry---- what are the  rules and conditions?

Thanks barry---I crossed posts.

One might expect a pest control company to be up to speed on the law and have the proper documentation in place before deploying their assassins.

Sometimes these 'pest control companies' is a bloke with an air rifle asking people on facebook if they have a problem with pigeons / rats / grey squirrels because they want permission to shoot on their land. 

And sometimes they're reputable businesses delivering a service.

I note that the control of feral pigeons is permitted to protect crops, fruit and vegetables.

All teh householder has to do in that case is to plant a couple of rows of cabbages. Pigeons completely destry cabbages. I've not taken the drastic action of shooting these pests, but all my cabbages have to be grown under cages to prevent destruction.

I'm sure many of my neighbours have feral cats as pets. They look feral to me. Hmmm...

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Not as simple as that, NJ.  The conditions include:

"Condition 1. Alternative lawful methods

For action taken under this licence for carrion crow, feral pigeon, jackdaw, magpie, rook or wood pigeon (species native to the United Kingdom), you must:

a) before using this licence, be satisfied that you, or the person authorising you to act under this licence, have made reasonable endeavours to achieve the purpose in question using alternative, lawful methods not covered by this licence

b) continue to use reasonable endeavours, or be satisfied that reasonable endeavours continue to be made, to achieve the purpose in question using alternative, lawful methods not covered by this licence"

"Serious damage’ means damage to livestock, foodstuffs for livestock, crops, vegetables, fruit, growing timber, fisheries or inland waters that exceeds mere nuisance, minor damage or normal business risk."

https://www.gov.uk/government/publications/wild-birds-licence-to-kill-or-take-to-prevent-serious-damage-gl42/gl42-general-licence-to-kill-or-take-certain-species-of-wild-birds-to-prevent-serious-damage

And " Any individual who resorts to cruelty and brings unnecessary suffering to animals and birds is dealt with under the Animal Welfare Act 2006. If you are questioned by police about shooting pigeons you may be required to prove that you tried to use non-lethal methods to deal with pigeons before you shot them."   That means using scarecrows and moving them daily, using cages, cloches, netting etc, showing it is necessary to prevent significant financial loss.

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